Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
Data protection Act Subject access request sent today recorded delivery in respect to a Visa Card I had from 2000-late 2004. Not sure how much charges were applied, don't think it'll be a great amount but so far with my other accounts I've underestimated each one so I guess I'll just have to wait and see! Let battle commence!!
Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.
When the Liberals and Conservatives were in opposition they both agreed that banks should pay back high bank charges to customers. Nothing seems to of happened since they came into power as a coalition. PPI insurance has been sorted now they should turn their attention to bank charges and help customers get exorbitant charges refunded.
Should you be offered help that requires payment please report it to site team.
Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007
Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06
Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007
Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.
DL&C acknowledged receiving cca this morning saying they have requested the cca info from MBNA (supplier of A&L credit cards!) The letter also states that they have"noted my comments" and that this process could take some time!!!Fine by me!!
Phoned them up today even though they have still a few days left and it has been posted out today apparantly, so hopefully I'll receive later this week!! Hopefully there will be loads of charges on this account!!
hehe , its funny how everyone wants lots of charges on their accounts in these cases 8)
im really wanting everyone to test A&L's resolve in continuing to close people accounts after the payback though, even if you never intend to use it again, its wrong that they do this and it needs stopping along with all the other stuff they do.
The balance from my account was sold on DL&C which I'm paying up monthly. I have had this account for 6 years+ so I expect(hope) the charges will amount to more than I owe and I can tell DL&C to go f*&k themselves!! In the nicest possible way of course!!
Received a nice letter from Rachael at A&L after I spoke to her on the phone yesterday....
"Dear gargoil
account:XXXXXXXXXXXXXXXX
Please accept my apologies for the delay in responding to you; however, our investigations are taking longer than anticipated. We will provide you with a full written response within 10 working days.
Yours sincerely
Rachael Claridge
Custromer Advocate Office Department Manager"
Very polite, but not polite enough to butter me up. If the info isn't here by Monday then the lba for non-compliance is going out!!!
DL&C who now own this debt are currently chasing me. They still have a few days left of the initial 12days to act on the cca request. They phoned and I just said they would need to write to me regarding this matter as I don't deal with financial matters by telephone. I sent them this email.For reference their email address is debt.post@dlcollect.co.uk.
Further to your letter of 21st August 2006 and telephone call of 1st September 2006.
Please take this as formal notification that this debt is now the subject of legal action with Alliance&Leicester, and therefore cannot be enforced by you, or any other debt collection Agency.
I would therefore suggest that any further correspondence be directed to Alliance&Leicester.
Should you attempt any enforcement action the matter will be reported to Trading Standards, and any legal action will be vigorously defended.
Is it the subject of legal action yet? I didn't think you had even made a request for payment yet as your SAR had not been sorted yet. Who owns the debt? Have you told them that the account is in dispute? Make sure that you have all your facts accurate or you could have problems, and they won't take you seriously. If necessary do some more research on the site to make absolutely sure that you fully understand everything and the processes you need to follow.
I am sorry if I have my facts wrong, but this is my understanding of the situation from reading your thread so far.
When the Liberals and Conservatives were in opposition they both agreed that banks should pay back high bank charges to customers. Nothing seems to of happened since they came into power as a coalition. PPI insurance has been sorted now they should turn their attention to bank charges and help customers get exorbitant charges refunded.
Should you be offered help that requires payment please report it to site team.
Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007
Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06
Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007
Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.
Don't worry I realised this myself and changed the wording of the letter myself before sending it. They are now a couple of days over the 40 day limit for the Data Protection Act S.A.R - (Subject access request). If this mornings postman doesnt have a big envelope from A&L then I have the 7 day lba ready to be sent off to them. Also it is now 12 day since I sent the cca request to DL&C regarding this account requesting original signed agreement and they have not provided it as yet so I guess they are in derfault. Can someone clarify that I don't have to do anything this now regarding this matter except wait for 30 calendar days from today and then it is legally unenforceable?
Ok phoned up A&L. There excuse is that A&L credit cards changed to MBNA control in early 2003. The delay is getting statements from A&L for before 2003. The guy I spoke to is phoning A&L dept that deals with this and then giving me a ring back within the next 15 mins. He did agree that I should have had it within 40 days( now expired!) I requested he send out th epost 3003 statements straight to me today and earlier ones he is getting back to me about!! I won't hold my breath!!
Ok, just had the call back from A&L. Think it was someone who actually works for MBNA who handle A&L credit cards. He says there is a massive backlog and that what they are now doing if people chase them up is just sending out a list of charges that have been applied to the account instead of full statements so people het them quicker. He is sending out today 2003 to present list of charges to me. He said that I will now also receive a good will gesture offer on these charges by post and he said it was up to me if I accepted or proceeded with further action. A&L will get the earlier statements to me asap. I have sent out the lba to get them to hurry it up. The guy I spoke to was really friendly and helpful so I'm confident I'll receive the post 2003 list of charges soon!!!
Still nothing received today so phoned them up again and spoke to th esame person. He says that the list of charges and an offer of goodwill was posted on friday so I should have it in the next day or so. This is only the charge ssince MBNA took control of A&L cc's. He is going to phone A&L and chase up the SAR info for 2001-2003 for me. I will give them until Monday next week to supply me with all th einfo or I will put in a court summons. Am going to court next Monday to put a few claims in against other banks so may as well do this at the same time. I am very intriged by how many charges will be on this account and how much their goodwill gesture will be.
Ok, they now have the earlier statements from A&L up to 2003 and they are photocopying them for their own records and sending them out so I will have them this week. I won't hold my breath!!!
Yey!! Got all my stuff in this morning and calculated £951 of charges! Also returned my £10 S.A.R - (Subject access request) fee and there was a standardised letter...our charges are in the t&c's...blah,blah,blah... ..charges are valid,fair and enfourceable...blah,blah, blah....we would like to resolve this matter. So would I!!
It then says....
I have therefore requested a goodwill cheque payment of £370. I trust that you will find this an acceptable resolution. Please note that it may take up to ten working days for this cheque to be received
I hadn't even mentione danything about bank charges yet. Theres nothing to sign or say that this is a final settlement etc. So will adapt a prelim letter saying thank you for the cheque now you have 14 days to give me the rest.
The one comlication I have is taht the balance of this card was sold to DL&C and I have cca'd them and they have so far after 20 odd days have failed to produce any documentation. Am I still ok to chase these charges? What are th eimplications of doing both at once?
gargoil v Alliance&Leicester
sent today recorded delivery in respect to a Visa Card I had from 2000-late 2004. Not sure how much charges were applied, don't think it'll be a great amount but so far with my other accounts I've underestimated each one so I guess I'll just have to wait and see! Let battle commence!!
Reply With Quote
In the nicest possible way of course!!
